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As a result of the COVID-19 public health emergency, telehealth
has evolved and will continue to evolve. As part of this evolution,
CMS finalized a rule that expands Medicare coverage for telehealth
services. This final rule, along with other new rules and waivers
by the federal government, state governments and private payors,
has significantly expanded access to and coverage of virtual health
care services in response to the public health emergency, and to
the relief of providers and patients, some of these changes are now
In a unanimous decision, the Supreme Court today held that Facebook's "login notification" text messages (sent to users when an attempt is made to access their Facebook account from an unknown device.
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On April 1, 2021, in a unanimous decision, the Supreme Court
ruled that the definition of an automatic telephone dialing system
( ATDS ) under the TCPA is limited by the plain grammar
of the statute itself. The Court, in a decision authored by Justice
Sotomayor, held that a device must have the capacity
to
use a random or sequential
number generator in either storing or producing a telephone number,
to qualify as an ATDS under the TCPA.
Facebook, Inc. v.
Duguid
et al., Case No. 19-511 (2021).
Our preview of the Supreme Court s consideration
On April 1st, the Supreme Court held 9-0, in
Facebook v. Duguid, that equipment
must be capable of random or sequential number generation in order
to qualify as an automatic telephone dialing system
under the Telephone Consumer Protection Act.
The Telephone Consumer Protection Act of 1991 (TCPA), among
other things, restricts certain communications made with an automatic telephone dialing system (ATDS). The TCPA
defines an ATDS as equipment that can both store or produce
telephone numbers to be called, using a random or sequential number
generator, and dial those numbers. The interpretive question
before the Court was whether the phrase using a random or
On April 1, 2021, the U.S. Supreme Court unanimously reversed the Ninth Circuit Court of Appeal's interpretation of the definition of "automatic telephone dialing system" (ATDS), or autodialer,.